Deisel Cop's

[mad murdock]

In the case of CFR 49 and the "other side" of DOT ( the FAA), there is recourse through a process of requesting an "interpretation" of the code.  This interpretation comes from a central clearing house within the applicable regulatory agency in question.  As for each State, I can not speak to that, as i am sure each state interprets CFR 49 ( and other CFR's) per their own rules.  If a state will recognize an "official interpretation" then maybe a guy has an out.  One example out here is on CFR 49, Hazmat rules on placarding and packaging of Jet A.  If it is re-classsified under a different packing group, and the largest container that one has is 119 gallons, you could have a truck full of say 5,000 gallons of Jet A, all in individual tanks of no greater capacity than 119 gallons, that truck does not need to be placarded, nor does the driver need to have a haz-mat endorsement.  The biggest problem with all of the "codified" regulations, is that it takes a full time legal type to be able to understand and explain to a guy if he is in compliance or not, kind of like the tax code, written by lawyers meant to be interpreted by lawyers, so that the lay man gets caught in the middle and pays for his "ignorant" and "willful" non-compliance to the "so-called" law!  If you ask me, it all should be flushed down the tubes, in exchange for some simple common-sense rules, that should be written by people in the industry, and not some unelected government regulatory commission.  That really sucks, Randy88, it never ceases to amaze me that this country has de-evolved to such a bad place, but that is a discussion for another place!

[Banjo picker]

Well, like an older friend of mine said, "If a man works for the DOT or the State Police, they most likely never had a job where they had to actually produce for a living." 

I take exception to that ...I ran a construction company for over 20 years and I work for the DOT in Mississippi....not the ticket writing dept...I am in maintiance, but I get tired of hearing broad statements like that......I understand how irrating it is to be harrased it has happened to us here across the line in Al....But I believe I was dealing with one loose cannon not a whole dept gone bad....We got a fair judge and he threw most of it out...although I did loose a day in his court...Tim

[Gary_C]

Well, I just got harassed again in WI and got put out of service for 10 hours and two tickets for $263 each. Sorry to say and apologys to Banjo picker that I have learned to hate those DOT guys. I was returning from delivering a load of pulp to the mill and met a DOT cop and saw him turn around and come after me. I was not the least bit worried as I have everything in order and was crusing right at the 55 MPH speed limit. But I was wrong, or so that *** said. Claimed I was speeding, but not enough that he could issue a ticket. I challenged that and he refused to tell me how fast I was going unless I wanted him to write a ticket for speeding. I made a mistake and said no because I was sure it would be the only thing wrong and then I would have a hassle with that ticket that would get tossed anyway.

So then he proceeded with his inspection that took over an hour. The guy even got out his creeper and crawled under the truck and even measured the travel of every brake chamber. The result, nothing wrong. He said that two brake lines might be rubbing together and thought one chamber had a very slight leak, but the truck passed the leakage test with zero leakdown.

And then the paperwork. Log book was perfect and current. But then he asked for the previous seven days. I told him I do this only occasionally and normally within MN and was not required to keep a log for those previous seven days. He said I was right, but when I did come into WI I had to have a log showing all the work I had done, even logging, for those seven days that I was not required to keep a log. Ticket number one and ten hours out of service. 

Also I had a valid 72 hour trip permit that started that day, but he said I did not have a fuel permit even though that trip permit says it is the only permit I needed. Ticket number two. 

All this was done with a phoney stop for speeding that enabled his complete inspection. I sorta looked into his vehicle and now I cannot recall even seeing a radar unit. I suspect he was bluffing and regret not making him write the ticket and demanding to see the radar clocking. I know I was not speeding.

Just the week before another logger stopped while I was loading the truck and he warned me to look out for this particular DOT guy and even gave me his name and the town where he operates. He said the guy stops all log trucks that come thru his town. If he can't see something wrong, he will make something up just so he do a full inspection. That logger sure was right. Spent ten hours in a parking lot in 96 degree heat and humidity for that out of service time.

So now, I will go another route and never go that way again. I should have known better. And you can bet that anytime I see a DOT guy, I will wave to him, but not saying how many fingers I will use.

It's a shame that it comes to this. The real problem is with our elected representatives that passed these stupid laws and then sent out the DOT enforcers to collect their much needed revenue. But the DOT is also at fault for enacting these complicated laws and then having too much enthusiasm in enforcing them. 

[Randy88]

Its nice to know I'm not the only one contributing to the fund, did he give you the speech about safety and only doing his job, I've never understood why we need to push the brake pedal for him so he can check the brakes, isn't it his job to do the inspection, why do we need to help him fine us.   

Gee with 10 hours to lounge around and take a needed rest did you figure that into the ticket cost as well, they told me that one to once also and I told them I'd be leaving as soon as the relief driver showed up since it was me out of service and not my truck, torqued him off major time but he did wait to see if someone showed up, my wife and son pulled in and we left together, seeing how the truck already had a  full blown inspecion and was ready to go.   

 I don't know what the answer is, I don't think I've ever been fined for anything that was considered dangerous or hazardous they've never get me for having anything like that wrong its always the knitpick stuff that makes a guy so mad.   I knew about he fuel permit thing thats why I do quarterly fuel reports and have the fuel tax permit which is a pain as well but its the lesser of two evils.   I've never owed anything on fuel tax to pay into the state but I have to do the paperwork just the same.   Now they want a daily log of every mile put on the truck and where it went, more paperwork and for what, I don't own any fuel tax anyhow but they are requiring it.      The brite side is there's always tomorrow to look foreward to and who knows maybe they'll work a differnt area and leave you alone for a while, seems thats how they operate, just keep them away from me is all I care, I think I've bought them enough new cars for one lifetime.   

[Ironwood]

It is a shame they do this to the "small guys", if they did to the big guys their lobby would give some pressure.  

 I did travel 500 miles across pa. (long day) only saw two DOT (together) at 6;30am heading up the ridge. I tried to stay right behind them as s othey couldnt set up quick enough to "pinch" me and motion me over. They turned off and headed down a back road?? Never saw another the whole day running interstates, must be focusing on guys trying to skirt highways?

 Ironwood

[Ironwood]

Well, my buddy got pinched again.   this time not as bad, $200 or so, but they told him, "where's your DOT# and med card, and and and. They only gave him one ticket for operating a vehical w/ inappropriate license. . Some folks never learn. This time it was a random stop just as ne went by the cop sitting in the median. Small load well secured and all. They could have really hammered him again. He is too stubborn to just do it right, some folks. ..............   Well, I guess it is just more $ in the general fund NOT coming from my pocket (although he will begin buying less and less w/ all this hassle). I get the "safety side of it", but he's driving and F-350 single axle w/ a gooseneck, it is likely they would have let him go w/ out if his trailer was under 10,000lb, as it were it is 14,000, which automaically puts you in class "b" I think.

 Ironwood

[aksawyer]

They are hitting us hard up here now also,comes with that Obama money all those city sheeple are talking about.One good thing though,My 1986 white cab-over short logger is in tip top shape.Still wish you all could get Mr.Pres to come up for a nice hunting trip,could solve it all.Aksawyer...........good luck all

[Warren]

it is likely they would have let him go w/ out if his trailer was under 10,000lb, as it were it is 14,000, which automaically puts you in class "b" I think.

I friend of mine runs the maintenance shop for a company that does a lot of trenching and drilling for Telco and Electric companies.  He said his company buys 12K or 14K trailers "derated" to 10K specifically so they do not go over the 26K combined GVW when hooked behind a 3500 or 4500 series truck.  Otherwise too much hassle ensuring they have a CDL driver to pull equipment out to the job site and back....

[bill m]

it is likely they would have let him go w/ out if his trailer was under 10,000lb, as it were it is 14,000, which automaically puts you in class "b" I think.

I friend of mine runs the maintenance shop for a company that does a lot of trenching and drilling for Telco and Electric companies.  He said his company buys 12K or 14K trailers "derated" to 10K specifically so they do not go over the 26K combined GVW when hooked behind a 3500 or 4500 series truck.  Otherwise too much hassle ensuring they have a CDL driver to pull equipment out to the job site and back....

I'm not sure about the logic behind doing that. If your 12/14k trailer is derated to 10k and registered for 10k thats all you can have on it. Might as well save some money and only buy a 10k trailer.
Any combination of truck and trailer (10k and over ) in excess of 26k is a class A CDL.

[alaskan]

  here in Alaska it's not just dot guy's now but also the state troopers! Some of them are taking the classes nessecary to become dot inspectors. So they pull up behind you flip on the lights pull you over put on their blue overalls with neat little patches on them get a creeper out of the trunck roll around and start writing tickets! I could go on and on about this subject had too much experiece with this. In the end it is way out of line!!! 

[Jeff]

Still wish you all could get Mr.Pres to come up for a nice hunting trip,could solve it all.Aksawyer...........good luck all

AKsawyer,  since you didn't actually say what we all think you might have been thinking, I won't delete your post. I'll just let it stay there where the Secret Service can see it as they scan the internet for key words to protect our country and the President. On the other hand, if you would have actually come out and said what we all think you meant, I would have warned you heavily about it and quite possibly banned you for it.

And by the way, I am a conservative Republican by definition I guess.
Now, no more politics or they get deleted.

[sandhills]

alaskan, here in nebraska all state troopers are dot certified I think.  At our local grain elevator the usually set up in force the day after the elevator hasn't been taking any grain for a few days.  We have a pretty good network amongst neighbors though.  Hope they never get me I'd have to just givem the truck (72 freightliner cabover, 318 detroit).  The trucks mechanically sound and good tires/brakes but the little detroit leaks a little oil!

[alaskan]

  Thats not surprising sandhills being that your in the lower 48. Up here we are a little behind the times on such matters. After reading what some of these guys go through im left a little on the speechless side, and hope I never see such things, it's out of line as it is.

[Randy88]

When the detroit quits leaking oil then you know its out of oil and too late to worry about it, I have a few of those too.   But at leat they can hear you coming, I'll shout a little louder, at least they can hear you coming!   I got pulled over once with one and while he was doing the creeper check and I was hitting the brakes for him he was under the truck below the muffler and I revved it up to about wide open and he came out from under the truck like a rifle bullet and once he regained his composure he demanded to know what the h-ll I'd done that for.   I told him my air pressure was getting low and I could tell he had trouble hearing me and didn't go under it again either, I laughed for half a day afterwards.

[sandhills]

Randy88, yeah you probably better shout a little louder and no I ain't lettr run out of oil yet (sometimes I'm tempted though )

[Randy88]

For years the joke was the puddle under the truck looks smaller you'd better add some oil it must be getting low or about out if it had a lot of oil in the engine the puddle under it was always bigger, but they were a good engine and dependable and with enough either they always started in cold weather.   But you never worried where that truck was you could hear it for miles before you ever saw it and after it got wore out you could see the smoke trail coming even before you could hear it, sure brings back some memories, if the dot worked back then like they do today the dot would have put detroit out of business all by themselves from just issuing fines for oil leaks and the dot would be wealthy.   Around here the dot now has radar and are a self supporting orginization, the fines they give most of the money goes directly to them so the more fines they give the more money they make for spending themselves, is that what they do in your area?